The Study Of Counterpleas For "Non-Stop Of Patent Infringement Acts"

Balance is the core element of the system of intellectual property.Proper balance between the interests of the rights holders,other competitors and public is the basic point that intellectual property system designers consider.It is especially the case as to the patent system.Ceasing infringement is the most direct remedy for patent infringement cases.However,the massive application of this remedy has caused a series of problems that we cannot neglect.The emergence of the “Wuhan Jing Yuan‘flue gas desulfurization' process patent case” and other similar cases has broken the limit as to the recognition of patent infringement.In March 2016,Supreme People's Court has released judicial interpretations which establish counterpleas of “nonstop of patent infringement acts” so as to clear up the confusion of the adjudication rules for ceasing patent infringement.This article starts from the counterplea for patent infringements.Firstly,it states the basic content of patent infringement defense system and more importantly,the counterpleas for “non-stop of patent infringement acts”.Next,it analyzes the problems those counterpleas arise in judicial applications.It makes suggestions to improve the adjudication rules for ceasing patent infringement with reference to experience of other jurisdiction.